Md. Code Regs. 26.13.07.19-2

Current through Register Vol. 51, No. 11, May 31, 2024

Section 26.13.07.19-2 - Public Access to Information

A. Public Access to Permit Applications. Concurrent with the notice required by Regulation .20-2A(5) and (6) of this chapter, the Secretary shall place the permit application and any supporting documents in a location accessible to the public near the facility or at the Department's offices.

B. Information Repository.

(1) The requirements of this section apply to all applicants seeking a CHS facility permit under this chapter for a hazardous waste management unit.

(2) The Secretary may assess the need for an information repository on a case-by-case basis.

(3) In assessing the need for an information repository, the Secretary shall consider a variety of factors, including the:

(a) Level of public interest;

(b) Type of facility;

(c) Presence of an existing repository; and

(d) Proximity of the location of the potential repository to the nearest copy of the administrative record.

(4) If the Secretary determines that there is a need for an information repository, the Secretary shall notify the CHS facility permit applicant that the applicant is required to establish and maintain an information repository.

(5) The CHS facility permit applicant shall assure that the information repository contains all documents, reports, data, and information considered necessary by the Secretary to fulfill the purposes for which the repository is established.

(6) The Secretary may, at the Secretary's discretion, limit the contents of the repository.

(7) Subject to the requirements of §B(8) of this regulation, the applicant shall locate and maintain the repository at a site of the applicant's choosing.

(8) The Secretary shall specify an alternate location of the repository if the Secretary determines that the site chosen by the applicant is unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access, or other relevant considerations.

(9) The applicant shall:

(a) Provide all individuals on the facility mailing list with written notice about the information repository; and

(b) Comply with requirements specified by the Secretary for informing the public about the information repository.

(10) The applicant is responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the Secretary.

(11) Based on the factors in §B(3) of this regulation, the Secretary may, at the Secretary's discretion, close the information repository, releasing the applicant from the requirement to maintain the repository.

Md. Code Regs. 26.13.07.19-2